November 01, 2010

"Dead Voters" and the Early Vote

In writing about the "dead voter" non-phenomenon a few days ago, I mentioned that despite a few real examples, "dead voters" far more often either aren't dead, aren't voters, or are different people altogether from those flagged in state records.

I should have added that even finding real deceased voters doesn't always reveal unlawful activity. For example, legitimate voters have died after election day. And a timely new Virginia Attorney General's opinion reminds me that early voting provides yet another category of "dead voters" without fraud: voters who cast legitimate ballots before election day but then pass away before the polls close. With the increase in non-polling-place voting more generally, I wouldn't be surprised to see a few more of these anecdotes cropping up.

Posted by Justin Levitt at November 1, 2010 11:52 AM